§ 118. Availability of funds

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 118

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897

2. 1966

   Federal-Aid Highway Act of 1966

   Pub. L. 89–574 § 7(a) · 80 Stat. 766

   Added · 23 U.S.C. § 118(d)

   Pub. L. 89–574 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–574 added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 118 of title 23, United States Code, is amended by adding at the end thereof the following: “(d) Funds made available to the State of Alaska under this title may be expended for construction of access and development roads on a Federal-aid system that will serve resource development, recreational, residential, commercial, industrial, or other like purposes.”

3. 1976

   Federal-Aid Highway Act of 1976

   Pub. L. 94–280 title I § 117(a) · 90 Stat. 425

   1. Substituted · 23 U.S.C. § 118(b)

      Pub. L. 94–280, in revising text, provided for a separate three year period of availability of sums apportioned to a Federal-aid system (other than the Interstate System), increased from the previously applicable two year period; continued the existing two year period for sums apportioned to the Interstate System; substituted provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4)(A), under section 104(b)(5)(A) of this title and for lapse of sums apportioned to the Interstate System under section 104(b)(4)(B) of this title for prior provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4) and (5), under section 104(b)(5) of this title;

   2. Substituted · 23 U.S.C. § 118(b)

      Pub. L. 94–280, in revising text, provided for a separate three year period of availability of sums apportioned to a Federal-aid system (other than the Interstate System), increased from the previously applicable two year period; continued the existing two year period for sums apportioned to the Interstate System; substituted provisions deeming there to be an expenditure of sums apportioned to a Federal-aid system if a sum equal to the total of the sums apportioned to the State for the fiscal year and previous fiscal years is obligated for prior provision deeming an expenditure to exist if a sum equal to the total of the sums apportioned to the States for the fiscal year and previous fiscal years is covered by formal project agreements providing for the expenditure of funds authorized by each Act which contains provisions authorizing the appropriation of funds for Federal-aid highways

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–280, in revising text, provided for a separate three year period of availability of sums apportioned to a Federal-aid system (other than the Interstate System), increased from the previously applicable two year period; continued the existing two year period for sums apportioned to the Interstate System; substituted provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4)(A), under section 104(b)(5)(A) of this title and for lapse of sums apportioned to the Interstate System under section 104(b)(4)(B) of this title for prior provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4) and (5), under section 104(b)(5) of this title; and substituted provisions deeming there to be an expenditure of sums apportioned to a Federal-aid system if a sum equal to the total of the sums apportioned to the State for the fiscal year and previous fiscal years is obligated for prior provision deeming an expenditure to exist if a sum equal to the total of the sums apportioned to the States for the fiscal year and previous fiscal years is covered by formal project agreements providing for the expenditure of funds authorized by each Act which contains provisions authorizing the appropriation of funds for Federal-aid highways.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 118 of title 23, United States Code, is amended to read as follows: “(b) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for the appropriate Federal-aid system or part thereof (other than the Interstate System) for a period of three years after tire close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. Sums apportioned to the Interstate System shall continue available for expenditure in that State for the Interstate System for a period of two years after the close of the fiscal year for which such sums are authorized. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(A) of section 104 of this title remaining unexpended at the end of the period during which it 23 USC 104. is available under this section shall lapse and shall immediately be reapportioned among the other States in accordance with the provisions of subsection (b)(5)(A) of section 104 of this title. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of tills title remaining unexpended at the end of the period of its availability shall lapse. Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.”.

4. 1978

   Federal-Aid Highway Act of 1978

   Pub. L. 95–599 title I § 115(a) · 92 Stat. 2689

   1. Substituted · 23 U.S.C. § 118(b)

      Pub. L. 95–599 substituted provisions relating to the availability of funds until the end of the fiscal year for provisions relating to the availability of funds until two years after the close of the fiscal year

   2. Substituted · 23 U.S.C. § 118(b)

      Pub. L. 95–599 substituted provisions establishing requirements for eligibility for funds for provisions calling for immediate reapportionment of unexpended funds

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–599 substituted provisions relating to the availability of funds until the end of the fiscal year for provisions relating to the availability of funds until two years after the close of the fiscal year and substituted provisions establishing requirements for eligibility for funds for provisions calling for immediate reapportionment of unexpended funds.

   Enacted provision · exact public law section
   (a) Section 118(b) of title 23, United States Code, is Sums apportioned, availability. amended by striking the second and third sentences and inserting in lieu thereof the following sentences: “Except as provided in this subsection, sums apportioned for the Interstate System in any State shall remain available for expenditure in that State for the Interstate System until the end of the fiscal year for which authorized. Sums not obligated within the time period prescribed by the preceding sentence must be made available by the Secretary to any other State applying for such funds for the Interstate System, if the Secretary determines that the State has obligated all of its apportionments other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (1) obligate the funds within one year of the date the funds are made available; (2) apply them to a ready-to-commence project; and (3) in the case of construction work, begin work within ninety days of obligation. Sums made available under this subsection shall remain available until expended.

5. 1979

   Pub. L. 96–106 § 5(a) · 93 Stat. 796

   Substituted · 23 U.S.C. § 118(b)

   Pub. L. 96–106 substituted “shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse” for “remaining unexpended at the end of the period of its availability shall lapse”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–106 substituted “shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse” for “remaining unexpended at the end of the period of its availability shall lapse”.

   Enacted provision · exact public law section
   (a) The fifth sentence of section 118(b) of title 23, United States Code, is amended to read as follows: “Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of this title shall continue to be available for expenditure 23 USC 104. in that State for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse.”.

6. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 115(a) · 96 Stat. 2097

   1. Amended · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), designated existing provisions as pars. (1) through (4), in par. (2) as so designated

   2. Substituted · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), substituted “for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State’s apportionment. Sums may only be made available under this paragraph in any State” for “to any other State applying for such funds for the Interstate System,” after “available by the Secretary”

   3. Struck · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), struck out former cl. (1), which had required readiness to obligate funds within one year of the date the funds are made available

   4. Redesignated · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), redesignated former cls. (2) and (3) as (A) and (B), respectively; and in par. (3) as so designated

   5. Struck · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), struck out “and any amounts so apportioned remaining unexpended at the end of such period shall lapse” after “such sums are authorized”

   6. Inserted · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), inserted provision relating to the disposition of funds not obligated within the prescribed time period

   7. Inserted · 23 U.S.C. § 118(b)

      Pub. L. 97–424, § 115(a), inserted further provision that sums made available under this paragraph shall remain available until expended

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–424, § 115(a), designated existing provisions as pars. (1) through (4), in par. (2) as so designated, substituted “for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State’s apportionment. Sums may only be made available under this paragraph in any State” for “to any other State applying for such funds for the Interstate System,” after “available by the Secretary”, struck out former cl. (1), which had required readiness to obligate funds within one year of the date the funds are made available, redesignated former cls. (2) and (3) as (A) and (B), respectively; and in par. (3) as so designated, struck out “and any amounts so apportioned remaining unexpended at the end of such period shall lapse” after “such sums are authorized”, inserted provision relating to the disposition of funds not obligated within the prescribed time period, and inserted further provision that sums made available under this paragraph shall remain available until expended.

   Enacted provision · exact public law section
   (a) Section 118(b) of title 23, United States Code, is amended to read as follows: “(b) (1) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for the appropriate Federal-aid system or part thereof (other than the Interstate System) for a period of three years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. “(2) Except as otherwise provided in this subsection, sums apportioned for the Interstate System in any State shall remain available for expenditure in that State for the Interstate System until the end of the fiscal year for which authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State’s apportionment. Sums may only be made available under this paragraph in any State if the Secretary determines that the State has obligated all of its apportionments other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) apply the funds to a ready-to-commence project; and (B) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. “(3) Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of this title shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System to any other State applying for such funds, if the Secretary determines that the State has obligated all of its apportionments under such subsection other than an amount which, by itself, is insufficient to pay the Federal share of the cost of such a project which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) obligate the funds within one year of the date the funds are made available; (B) apply them to a ready-to-commence project; and (C) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. “(4) Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.”. “(b) Section 118 of title 23 United States Code is amended by relettering subsections (c) and (d) as subsections (e) and (f), respectively, and by adding after subsection (b) thereof the following new subsections: “(c) Before any apportionment is made under section 104(b)(5)(A) of this title for a fiscal year beginning after September 30, 1983, the Secretary shall set aside $300,000,000. Such amount shall be available only for obligation by the Secretary in accordance with subsection (b)(2) of this section. “(d) In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(2) of this section.”.

7. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 115(b) · 96 Stat. 2097

   1. Added · 23 U.S.C. § 118(c)(f)

      Pub. L. 97–424, § 115(b), added subsecs. (c) and (d)

   2. Redesignated · 23 U.S.C. § 118(c)(f)

      Pub. L. 97–424, § 115(b), redesignated former subsecs. (c) and (d) as (e) and (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 97–424, § 115(b), added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively.

   Enacted provision · exact public law section
   Sec. 115. interstate discretionary funds (a) Section 118(b) of title 23, United States Code, is amended to read as follows: “(b) (1) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for the appropriate Federal-aid system or part thereof (other than the Interstate System) for a period of three years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. “(2) Except as otherwise provided in this subsection, sums apportioned for the Interstate System in any State shall remain available for expenditure in that State for the Interstate System until the end of the fiscal year for which authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State’s apportionment. Sums may only be made available under this paragraph in any State if the Secretary determines that the State has obligated all of its apportionments other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) apply the funds to a ready-to-commence project; and (B) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. “(3) Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of this title shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System to any other State applying for such funds, if the Secretary determines that the State has obligated all of its apportionments under such subsection other than an amount which, by itself, is insufficient to pay the Federal share of the cost of such a project which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) obligate the funds within one year of the date the funds are made available; (B) apply them to a ready-to-commence project; and (C) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. “(4) Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.”. “(b) Section 118 of title 23 United States Code is amended by relettering subsections (c) and (d) as subsections (e) and (f), respectively, and by adding after subsection (b) thereof the following new subsections: “(c) Before any apportionment is made under section 104(b)(5)(A) of this title for a fiscal year beginning after September 30, 1983, the Secretary shall set aside $300,000,000. Such amount shall be available only for obligation by the Secretary in accordance with subsection (b)(2) of this section. “(d) In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(2) of this section.”.

8. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 § 114(e)(2) · 101 Stat. 132

   Substituted · 23 U.S.C. § 118

   Pub. L. 100–17, § 114(e)(2), substituted “Availability of funds” for “Availability of sums apportioned” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–17, § 114(e)(2), substituted “Availability of funds” for “Availability of sums apportioned” in section catchline.

   Enacted provision · exact public law section
   (2) Section 118 of such title is amended by striking out the heading Ante, p. 152; post, p. 167. for such section and inserting in lieu thereof the following: “§ 118. Availability of funds”.

9. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 § 114(e)(3)(A) · 101 Stat. 132

   Inserted · 23 U.S.C. § 118(b)

   Pub. L. 100–17, § 114(e)(3)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–17, § 114(e)(3)(A), inserted heading.

   Enacted provision · exact public law section
   (A) in paragraph (1) by inserting “Periods of Availability of Funds; Discretionary Projects.—” before “(1)”;

10. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 114(e)(3)(B) · 101 Stat. 132

    Inserted · 23 U.S.C. § 118(b)(1)

    Pub. L. 100–17, § 114(e)(3)(B), (D), inserted heading and aligned par. (1) with par. (2) as amended

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–17, § 114(e)(3)(B), (D), inserted heading and aligned par. (1) with par. (2) as amended.

    Enacted provision · exact public law section
    (B) in paragraph (1) by inserting “Period of availability of non-interstate funds.—” before “Sums”;

11. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 114(a) · 101 Stat. 132

    Amended · 23 U.S.C. § 118(b)(2)

    Pub. L. 100–17, § 114(a), amended par. (2) generally, revising and restating as subpars. (A) to (F) provisions formerly contained in an undivided paragraph

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–17, § 114(a), amended par. (2) generally, revising and restating as subpars. (A) to (F) provisions formerly contained in an undivided paragraph.

    Enacted provision · exact public law section
    (a) Construction Funds; Additional Priority Project.— Paragraph (2) of section 118(b) of title 23, United States Code, is amended to read as follows: “(2) Interstate construction funds.— “(A) Period of availability.— “(i) Apportionments before October 1, 1989.— Except as otherwise provided in this subsection, sums apportioned before October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until the end of the fiscal year for which authorized. Upon request of the State, the Secretary shall reduce the period of availability of such sums by 1 fiscal year. “(ii) Apportionments thereafter.— Sums apportioned on or after October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until expended. “(B) Discretionary projects.— Sums not obligated within the time period prescribed by subparagraph (A)(i) shall lapse and, subject to section 149(d) of the Federal-Aid Highway Act of 1987, be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) 23 USC 104. in accordance with the following priorities: “(i) First, for— “(I) high cost projects which directly contribute to the completion of a segment of the Interstate System which is not open to traffic; and “(II) high cost projects for construction of high California. occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as a part of the Interstate System by section 140 of the Federal-Aid Highway Act of 1978 92 Stat. 2711. and the costs of construction of which are included in the interstate cost estimate for 1985. “(ii) Second, for projects of high cost in relation to a State’s apportionment. “(iii) Third, for projects with respect to which the Secretary may make payments under section 115 of this title. “(C) Limitation on states eligible for discretionary funds.— Sums may only be made available under this paragraph in any State in a fiscal year if— “(i) (I) the Secretary determines that the State has obligated all of its apportionments under section 104(b)(5)(A) of this title other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by the State to the Secretary for approval; or “(II) the State certifies to the Secretary that the State will obligate before August 1 of the fiscal year all of its apportionments under section 104(b)(5)(A) other than such an insufficient amount; and “(ii) the applicant for a project with respect to which the Secretary may not make payments under section 115 of this title is willing and able to— “(I) apply the funds to a ready-to-commence project, and “(II) in the case of construction work, begin work within 90 days of obligation. “(D) Exception to limitation.— The Secretary may make California. funds available to the State of California for construction of high occupancy vehicle and other lanes described in subparagraph (B)(i)(II) whether or not such State has met the requirements of clause (i) of subparagraph (C). Nothing in this subparagraph shall be construed to give construction of such lanes priority over projects described in subparagraph (B)(i)(I). “(E) Limitation on secretary’s discretion.— If, within 365 days after any sums become available for obligation under this paragraph, the Secretary does not make such sums available for first priority projects under subparagraph (B)(i) of this paragraph, the Secretary shall make such sums available for carrying out second and third priority projects under subparagraph (B). “(F) Period of availability of discretionary funds.— Sums made available pursuant to this paragraph shall remain available until expended.”.

12. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 114(c) · 101 Stat. 132

    Amended · 23 U.S.C. § 118(b)(3)

    Pub. L. 100–17, § 114(c), amended par. (3) generally, revising and restating as subpars. (A) to (D) provisions formerly contained in an undivided paragraph

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 100–17, § 114(c), amended par. (3) generally, revising and restating as subpars. (A) to (D) provisions formerly contained in an undivided paragraph.

    Enacted provision · exact public law section
    (c) Limitations on States and Projects Eligible for 4R Discretionary Funds.— Paragraph (3) of section 118(b) of such title is amended to read as follows: “(3) Interstate 4r funds.— “(A) Period of availability.— Any amount apportioned to a State for the Interstate System under section 104(b)(5)(B) of this title shall continue to be available for expenditure in the State for a period of 1 year after the close of the fiscal year for which such sums are authorized. “(B) Discretionary projects.— Sums not obligated within the time period prescribed by subparagraph (A) shall lapse and, subject to section 149(d) of the Federal-Aid Highway Act of 1987, be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate 23 USC 139. System (other than any highway designated as a part of the Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title). Such funds shall be made available by the Secretary to any other State applying for such funds, if the Secretary determines that— “(i) the State has obligated all of its apportionments 23 USC 104. under section 104(b)(5)(B) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which has been submitted by such State to the Secretary for approval; and “(ii) the applicant is willing and able to (I) obligate the funds within 1 year of the date the funds are made available, (II) apply them to a ready-to-commence project, and (III) in the case of construction work, begin work within 90 days of obligation. “(C) Priority consideration for certain projects.— In Urban areas. selecting projects to fund under subparagraph (B), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(D) Period of availability of discretionary funds.— Sums made available pursuant to this paragraph shall remain available until expended.”.

13. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 114(e)(3)(C) · 101 Stat. 132

    Inserted · 23 U.S.C. § 118(b)(4)

    Pub. L. 100–17, § 114(e)(3)(C), (D), inserted heading and aligned par. (4) with par. (2) as amended

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 100–17, § 114(e)(3)(C), (D), inserted heading and aligned par. (4) with par. (2) as amended.

    Enacted provision · exact public law section
    (C) in paragraph (4) by inserting “Obligation as equivalent to expenditures; effect of release of funds.—” before “Sums”; and

14. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 114(b) · 101 Stat. 132

    1. Inserted · 23 U.S.C. § 118(c)

       Pub. L. 100–17, § 114(b), (e)(4), inserted heading

    2. Amended · 23 U.S.C. § 118(c)

       Pub. L. 100–17, § 114(b), (e)(4), designated existing provisions as par. (1)

    3. Inserted · 23 U.S.C. § 118(c)

       Pub. L. 100–17, § 114(b), (e)(4), inserted par. (1) heading

    4. Substituted · 23 U.S.C. § 118(c)

       Pub. L. 100–17, § 114(b), (e)(4), substituted “Subject to section 149(d) of the Federal-Aid Highway Act of 1987, such amount” for “Such amount” in par. (1)

    5. Added · 23 U.S.C. § 118(c)

       Pub. L. 100–17, § 114(b), (e)(4), added par. (2), and aligned par. (1) with par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–17, § 114(b), (e)(4), inserted heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Subject to section 149(d) of the Federal-Aid Highway Act of 1987, such amount” for “Such amount” in par. (1), added par. (2), and aligned par. (1) with par. (2).

    Enacted provision · exact public law section
    (b) Set Aside of 4R Funds for 4R Discretionary Projects.— Section 118(c) 23 USC 118. of such title is amended by inserting “Set Asides for Interstate Discretionary Projects.—” after “(c)”, by inserting “(1) Set aside for construction projects.—” before “Before”, and by adding at the end thereof the following new paragraph: “(2) Set aside for 4R projects.— Before any apportionment is made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.”.

15. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 115 · 101 Stat. 132

    Inserted · 23 U.S.C. § 118(f)

    Pub. L. 100–17, § 115, inserted “and the Commonwealth of Puerto Rico” after “the State of Alaska”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–17, § 115, inserted “and the Commonwealth of Puerto Rico” after “the State of Alaska”.

    Enacted provision · exact public law section
    SEC. 115. FLEXIBILITY OF USE OF HIGHWAY FUNDS. Section 118(f) of title 23, United States Code, relating to availability Puerto Rico. of sums apportioned to the State of Alaska, is amended by inserting “and the Commonwealth of Puerto Rico” after “the State of Alaska”.

16. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(a) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 118(a)

       Pub. L. 102–240, § 1020(a), added subsec. (a)

    2. Struck · 23 U.S.C. § 118(a)

       Pub. L. 102–240, § 1020(a), struck out former subsec. (a) which read as follows: “On and after the date that the Secretary has certified to each State highway department the sums apportioned to each Federal-aid system or part thereof pursuant to an authorization under this title, or under prior Acts, such sums shall be available for expenditure under the provisions of this title.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 1020(a), added subsec. (a) and struck out former subsec. (a) which read as follows: “On and after the date that the Secretary has certified to each State highway department the sums apportioned to each Federal-aid system or part thereof pursuant to an authorization under this title, or under prior Acts, such sums shall be available for expenditure under the provisions of this title.”

    Enacted provision · exact public law section
    (a) Date and Period of Availability; Discretionary Projects.— Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) Date Available for Obligation.— Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. “(b) Period of Availability; Discretionary Projects.— “(1) Interstate construction funds.— Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned or allocated to Massachusetts on or before October 1, 1989, shall remain available until expended. “(2) Other funds.— Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title (other than for Interstate construction) in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.”.

17. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(a) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 118(b)

       Pub. L. 102–240, § 1020(a), added subsec. (b)

    2. Struck · 23 U.S.C. § 118(b)

       Pub. L. 102–240, § 1020(a), struck out former subsec. (b) which contained provisions relating to periods of availability of non-Interstate funds, Interstate construction funds, and funds for resurfacing, restoring, rehabilitating and reconstructing Interstate System, and provisions deeming obligation of funds as equivalent to expenditure and relating to effect of release of funds

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–240, § 1020(a), added subsec. (b) and struck out former subsec. (b) which contained provisions relating to periods of availability of non-Interstate funds, Interstate construction funds, and funds for resurfacing, restoring, rehabilitating and reconstructing Interstate System, and provisions deeming obligation of funds as equivalent to expenditure and relating to effect of release of funds.

    Enacted provision · exact public law section
    (a) Date and Period of Availability; Discretionary Projects.— Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) Date Available for Obligation.— Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. “(b) Period of Availability; Discretionary Projects.— “(1) Interstate construction funds.— Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned or allocated to Massachusetts on or before October 1, 1989, shall remain available until expended. “(2) Other funds.— Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title (other than for Interstate construction) in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.”.

18. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(b)(1) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 118(c)(1)

       Pub. L. 102–240, § 1020(b)(1), (2), substituted “1992” for “1983”

    2. Substituted · 23 U.S.C. § 118(c)(1)

       Pub. L. 102–240, § 1020(b)(1), (2), substituted “$100,000,000” for “$300,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–240, § 1020(b)(1), (2), substituted “1992” for “1983” and “$100,000,000” for “$300,000,000”.

    Enacted provision · exact public law section
    (1) by striking “1983” and inserting “1992”;

19. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(b)(3) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 118(c)(2)

       Pub. L. 102–240, § 1020(b)(3), added par. (2)

    2. Struck · 23 U.S.C. § 118(c)(2)

       Pub. L. 102–240, § 1020(b)(3), struck out former par. (2) which read as follows: “Set aside for 4r projects.—Before any apportionment is made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–240, § 1020(b)(3), added par. (2) and struck out former par. (2) which read as follows: “Set aside for 4r projects.—Before any apportionment is made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.”

    Enacted provision · exact public law section
    (3) by striking paragraph (2) and inserting the following new paragraph: “(2) Set aside for 4r projects.— “(A) In general.— Before any apportionment is made under section 104(b)(1) of this title, the Secretary shall set aside $54,000,000 for fiscal year 1992, $64,000,000 for each fiscal years 1993, 1994, 1995, and 1996, and $65,000,000 for fiscal year 1997 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). Of the amounts set aside under the preceding sentence, the Secretary shall obligate $16,000,000 for fiscal year 1992 and $17,000,000 for each of fiscal years 1993 and 1994 for improvements on the Kennedy Expressway in Chicago, Illinois. The remainder of such funds shall be made available by the Secretary to any State applying for such funds, if the Secretary determines that— “(i) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(1) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which has been submitted by the State to the Secretary for approval; and “(ii) the applicant is willing and able to (I) obligate the funds within 1 year of the date the funds are made available, (ID apply them to a ready-to-commence project, and (III) in the case of construction work, begin work within 90 days of obligation. “(B) Priority consideration for certain projects.— In selecting projects to fund under subparagraph (A), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(C) Period of availability of discretionary funds.— Sums made available pursuant to this paragraph shall remain available until expended.”.

20. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(c) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 118(d)

    Pub. L. 102–240, § 1020(c), substituted “(b)(1)” for “(b)(2)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–240, § 1020(c), substituted “(b)(1)” for “(b)(2)”.

    Enacted provision · exact public law section
    (c) 23 USC 118. Conforming Amendment.— Section 118(d) of such title is amended by striking “(b)(2)” and inserting “(b)(1)”.

21. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1020(d) · 105 Stat. 1914

    Struck · 23 U.S.C. § 118(f)

    Pub. L. 102–240, § 1020(d), struck out “on a Federal-aid system” after “roads”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–240, § 1020(d), struck out “on a Federal-aid system” after “roads”.

    Enacted provision · exact public law section
    (d) Alaska and Puerto Rico.— Section 118(0 of such title is amended by striking “on a Federal-aid system”.

22. 1992

    Pub. L. 102–388 title IV § 409 · 106 Stat. 1520

    1. Substituted · 23 U.S.C. § 118(b)(1)

       Pub. L. 102–388 substituted “construction in a State (other than Massachusetts)” for “construction in a State”

    2. Substituted · 23 U.S.C. § 118(b)(1)

       Pub. L. 102–388 substituted “after October 1, 1989” for “before October 1, 1989”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–388 substituted “construction in a State (other than Massachusetts)” for “construction in a State” and “after October 1, 1989” for “before October 1, 1989”.

    Enacted provision · exact public law section
    Sec. 409. Period of Availability.— Section 118(b)(1) of title 23, United States Code, is amended— (1) in the first sentence by inserting “(other than Massachusetts)” after “in a State”; and (2) in the last sentence by striking “before” and inserting “after”.

23. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1226(b)(1) · 112 Stat. 107

    1. Added · 23 U.S.C. § 118(b)

       Pub. L. 105–178, § 1226(b)(1), as added by Pub. L. 105–206, § 9003(a)

    2. Struck · 23 U.S.C. § 118(b)

       Pub. L. 105–178, § 1226(b)(1), as struck out “; Discretionary Projects” after “Availability” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–178, § 1226(b)(1), as added by Pub. L. 105–206, § 9003(a), struck out “; Discretionary Projects” after “Availability” in heading.

24. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(b) · 112 Stat. 107

    Amended · 23 U.S.C. § 118(c)

    Pub. L. 105–178, § 1107(b), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text related to set asides for interstate discretionary projects, including set asides for construction projects and for 4R projects

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 1107(b), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text related to set asides for interstate discretionary projects, including set asides for construction projects and for 4R projects.

    Enacted provision · exact public law section
    (b) Set-Asides for Interstate Discretionary Projects.— Section 118(c) of such title is amended to read as follows: “(c) Set-Asides for Interstate Discretionary Projects.— “(1) In general.— Before any apportionment is made under section 104(b)(4), the Secretary shall set aside $50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)) and any toll road on the Interstate System not subject to an agreement under section 119(e) (as in effect on December 17, 1991). “(2) Selection criteria.— The amounts set aside under paragraph (1) shall be made available by the Secretary to any State applying for such funds if the Secretary determines that— “(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(4) other than an amount that, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and “(B) the applicant is willing and able to— “(i) obligate the funds within 1 year of the date the funds are made available; “(ii) apply the funds to a ready-to-commence project; and “(iii) in the case of construction work, begin work within 90 days after obligation. “(3) Priority consideration for certain projects.— In selecting projects to fund under paragraph (1), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(4) Period of availability of discretionary funds.— Sums made available pursuant to this subsection shall remain available until expended.”.

25. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1106(c)(1)(B) · 112 Stat. 107

    1. Redesignated · 23 U.S.C. § 118(d)

       Pub. L. 105–178, § 1106(c)(1)(B), which directed the redesignation of subsec. (e) as (d) and the striking out of former subsec. (d), was executed by redesignating the subsec. (e) added by Pub. L. 105–178, § 1226(b)(2), as (d)

    2. Redesignated · 23 U.S.C. § 118(d)

       Pub. L. 105–178, § 1106(c)(1)(B), which directed the redesignation of subsec. (e) as (d) and the striking out former subsec. (d), to reflect the probable intent of Congress. Former subsec. (d) read as follows: “In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(1) of this section.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1106(c)(1)(B), which directed the redesignation of subsec. (e) as (d) and the striking out of former subsec. (d), was executed by redesignating the subsec. (e) added by Pub. L. 105–178, § 1226(b)(2), as (d), and striking out former subsec. (d), to reflect the probable intent of Congress. Former subsec. (d) read as follows: “In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(1) of this section.”

    Enacted provision · exact public law section
    (B) Section 118 of such title is amended— (i) by striking subsection (d); and (ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

26. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1106(c)(1)(B)(ii) · 112 Stat. 107

    1. Redesignated · 23 U.S.C. § 118(e)

       Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L. 105–178, § 1226(b)(2)

    2. Redesignated · 23 U.S.C. § 118(e)

       Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated (d), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L. 105–178, § 1226(b)(2), redesignated (d), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

27. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1226(b)(2) · 112 Stat. 107

    1. Struck · 23 U.S.C. § 118(e)

       Pub. L. 105–178, § 1226(b)(2), as added by Pub. L. 105–226, § 9003(a), which directed the addition of subsec. (e) and the striking out of former subsec. (e), was executed by adding subsec. (e)

    2. Redesignated · 23 U.S.C. § 118(e)

       Pub. L. 105–178, § 1226(b)(2), as striking out the former subsec. (e) as in effect before the redesignation of subsecs. (e) and (f) as (d) and (e), respectively, by Pub. L. 105–178, § 1106(c)(1)(B)(ii), to reflect the probable intent of Congress. Former subsec. (e) read as follows: “The total payments to any State shall not at any time during a current fiscal year exceed the total of all apportionments to such State in accordance with section 104 of this title for such fiscal year and all preceding fiscal years.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 1226(b)(2), as added by Pub. L. 105–226, § 9003(a), which directed the addition of subsec. (e) and the striking out of former subsec. (e), was executed by adding subsec. (e) and striking out the former subsec. (e) as in effect before the redesignation of subsecs. (e) and (f) as (d) and (e), respectively, by Pub. L. 105–178, § 1106(c)(1)(B)(ii), to reflect the probable intent of Congress. Former subsec. (e) read as follows: “The total payments to any State shall not at any time during a current fiscal year exceed the total of all apportionments to such State in accordance with section 104 of this title for such fiscal year and all preceding fiscal years.”

28. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1106(c)(1)(B)(ii) · 112 Stat. 107

    Redesignated · 23 U.S.C. § 118(f)

    Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e).

    Enacted provision · exact public law section
    (ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

29. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1111(a) · 119 Stat. 1144

    Substituted · 23 U.S.C. § 118(c)(1)

    Pub. L. 109–59, § 1111(a), substituted “$100,000,000 for each of fiscal years 2005 through 2009” for “$50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 109–59, § 1111(a), substituted “$100,000,000 for each of fiscal years 2005 through 2009” for “$50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003”.

    Enacted provision · exact public law section
    (a) In General.— Section 118(c)(1) of title 23, United States Code, is amended by striking “$50,000,000” and all that follows through “2003” and inserting “$100,000,000 for each of fiscal years 2005 through 2009”.

30. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1501(b) · 119 Stat. 1144

    Amended · 23 U.S.C. § 118(d)

    Pub. L. 109–59, § 1501(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Any Federal-aid highway funds released by the final payment on a project, or by the modification of the project agreement, shall be credited to the same program funding category previously apportioned to the State and shall be immediately available for expenditure.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–59, § 1501(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Any Federal-aid highway funds released by the final payment on a project, or by the modification of the project agreement, shall be credited to the same program funding category previously apportioned to the State and shall be immediately available for expenditure.”

    Enacted provision · exact public law section
    (b) Obligation and Release of Funds.— Section 118(d) of such title is amended to read as follows: “(d) Obligation and Release of Funds.— “(1) In general.— Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated. “(2) Released funds.— Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be— “(A) credited to the same class of funds previously apportioned or allocated to the State for the project; and “(B) immediately available for obligation. “(3) Net obligations.— Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations.” .

31. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 div. A title I § 1446(d)(5)(B) · 129 Stat. 1312

    Amended · 23 U.S.C. § 118(b)

    Pub. L. 114–94 amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–94 amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively;

    Effective date note
    Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

32. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1519(c)(4) · 126 Stat. 405

    1. Amended · 23 U.S.C. § 118(b)

       Pub. L. 112–141, § 1519(c)(4), formerly § 1519(c)(5), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), designated par. (2) as subsec. (b)

    2. Struck · 23 U.S.C. § 118(b)

       Pub. L. 112–141, § 1519(c)(4), formerly § 1519(c)(5), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out “(other than for Interstate construction)” after “this title”

    3. Struck · 23 U.S.C. § 118(b)

       Pub. L. 112–141, § 1519(c)(4), formerly § 1519(c)(5), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out former par. (1) relating to interstate construction funds and heading of former par. (2) which read “Other funds”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–141, § 1519(c)(4), formerly § 1519(c)(5), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), designated par. (2) as subsec. (b), struck out “(other than for Interstate construction)” after “this title”, and struck out former par. (1) relating to interstate construction funds and heading of former par. (2) which read “Other funds”.

    Enacted provision · exact public law section
    (4) Section 109.— Section 109(q) of title 23, United States Code, is amended by striking “in accordance with section 303 or”.

    Effective date note
    Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

33. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1519(b)(1)(B) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 118(c)(e)

       Pub. L. 112–141, § 1519(b)(1)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively

    2. Struck · 23 U.S.C. § 118(c)(e)

       Pub. L. 112–141, § 1519(b)(1)(B), struck out former subsec. (c) which related to set asides for interstate discretionary projects

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 112–141, § 1519(b)(1)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which related to set asides for interstate discretionary projects.

    Enacted provision · exact public law section
    (B) Set asides.— Section 118 of title 23, United States Code, is amended— (i) by striking subsection (c); and (ii) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

    Effective date note
    Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

53 of 58 references resolved to an enrolled provision · 5 partial